RAMA SHARMA Vs. MEHAR CHAND

JUDGEMENT

(1.) THE petitioner-landlord is aggrieved against the order passed by the learned Appellate Authority, Chandigarh, whereby the ejectment petition filed by the petitioner was dismissed in appeal on the ground that the learned Rent Controller has no jurisdiction to entertain the ejectment petition.

(2.) THE petitioner sought ejectment of respondent from House No. 2183/1, Sector 40-C, Chandigarh, on the ground of non-payment of rent. It was alleged that the respondent was inducted as a tenant at monthly rent of Rs. 850/- excluding water and electricity charges. However, the respondent has failed to make the payment of the rent since September, 1994.

(3.) THE correctness of the judgment of learned Single Judge in Damyanti Bhalla's case (supra) was examined by the Full Bench of this Court in the case of Ajay Kashyap v. Smt. Mohini Nijhawan, 2004(2) RCR(Civil) 204 : 2004(1) RCR(Rent) 349 (P&H) [Civil Revision No. 5474 of 2001 decided on 18.12.2003]. It has been held by the Full Bench of this Court that the view expressed by the learned Single Judge in Damyanti Bhalla's case (supra) is not correct law. It was held to the following effect :-